Probate Assets – What are they?
Apr 24, 2019
Probate assets are Assets that do not Pass by Beneficiary Designation or Operation of Law. What Needs to Go through Probate? Probate assets includes all property that is owned individually by the dece...
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Proving Kinship in NYC
Apr 24, 2019
A person died without a will. He is not survived by a spouse, children, parents, siblings, or nieces or nephews. What should the cousins do to prove that they are the next of kin and are, therefore, e...
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Proving Kinship in NYC
Mar 12, 2019
A person dies without a Will and not survived by spouse, children, parents, siblings, or nieces or nephews. What should the cousins do to prove that they are the next of kin and are, therefore, entitl...
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When to Start a NYC Guardianship Proceeding
Nov 16, 2018
Often times we find ourselves wondering whether the time is right to start a NYC guardianship proceeding. The below sets forth a few instances that should raise red flags and should get you thinking a...
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Opening a Safe Deposit Box After Death
Oct 29, 2018
Banks often seal safe deposit boxes following the death of an owner (or co-owner). Pursuant to SCPA 2003, an "interested party" (e.g., spouse, beneficiary, fiduciary) may access the box for certain pu...
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Compelling the Production of a Decedent's Last Will and Testament
Oct 21, 2018
When Sam dies, you find a copy of his Last Will and Testament ("Will") amongst his possessions. The Will was drafted by an attorney. You call the attorney and the nominated executor and both tell you ...
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How does a Guardianhip Hearing Work?
Oct 10, 2017
This guide explains the intricacies of an Article 81 guardianship proceeding How does a Guardianship Proceeding Start? The proceeding is initiated by filing an Order to Show Cause and Verified Petitio...
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What happens at a Guardianship proceeding in New York
Oct 10, 2017
This is a general overview of what happens in a guardianship proceeding in New York . WHAT IS GUARDIANSHIP? Guardianship is a legal arrangement where a Court gives a person the legal right to make dec...
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How to Unseal a Residence After Death
Oct 09, 2017
The police will most often seal the apartment when the death is reported to them. The purpose for sealing the apartment is to preserve assets and evidence. This article outlines the process of unseali...
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Should I ask the executor/guardian/trustee/power of attorney for an accounting?
May 06, 2017
An accounting should provide complete disclosure of a fiduciary's actions pertaining to a trust/estate/guardianship/agency relationship. Each beneficiary has a right to review the transactions underta...
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